I agree with PP that nanny contracts are more work agreements than anything and not the most enforceable documents. I've never had anything notarized or our signatures witnessed by anything other than the parties involved. I think that work agreements primarily serve as a record of understanding, between employer and employee. It also can serve as a record of employment or be useful in the event of a labor dispute (e.g., Was nanny fired for cause? Does nanny have a valid cause to file for unemployment/back OT?) I think that as long as both parties are clear and committed to the agreement, it can serve as a reference and source of protection. I have had one instance where it really protected me and strongly prefer to have a written agreement. If nothing else, it's a good record of employment.
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So anyone making reference to a nanny contract is misinformed...
The legally accurate term is: Letter of Agreement I am not a lawyer, so certainly lawyers should know better, it seems. |
18:21 you can call it whatever you want. The more appropriate term is work agreement. The problem with the word contract is that it gives the impression that certain terms are legally enforcable which they are not. A contract should not include terms that conflict with applicable law. As at-will employees may quit at any time and must be paid for hours worked regardless of performance under employment law, the notice terms in a "contract" are in conflict with applicable law. The notice term in a work agreement defines expectations. It allows both parties to feel fairly treated without guessing at the end how much notice to give. This is an important clause in a nanny work agreement because these jobs come to end in several years. |
Thank you, 18:51.
I am on board for the most accurate term of "Work Agreement". My concern is what I seem to hear too much of: Parents who renig on their responsibilities, both as parents and as employers. Those who can't say "no" to their children, and oops, forgot your paycheck this week. The nanny has an inherent expectation, that she will not be the only adult to care about your child's successful development. She expects parents to engage in their role as parents, not just being friends with the kids. If you look around, you'll see what I mean. |
With the exception of the paycheck example, this isn't a contractual or work agreement issue, it is an interviewing/finding the right fit issue. Professional nannies tend not to judge the parents or at least see it as one of their core responsibilities not to be so rigid in their own beliefs of how to engage kids as to follow and respect their employers. Some parents are strict and some are laid back. Some parents give their kids lots of material things and others do not. Neither approach is inherently right or wrong but a parenting choice which they have the right to make. As an employee, you can choose to only work with parents who follow your beliefs but you are incorrect in assuming one way is wrong or right. You also will be limiting your job opportunities. If you choose to do this then you need to engage your potential employers in a longer conversation when you interview. This isn't an issue that can be managed via a contract or work agreement. |
My ultimate goal IS to narrow the field of parents with whom I want to work. I can not possibly accept everyone. The way in which I observe parents and their children interact, is a big part of the interview. Does the parent expect the child to follow instructions, or just be background noise? In other words, is the child being conditioned to ignore the parent? |
Ha! ...insure |
By definition NO educated family is anti-vac. |
What ever you do don't spend your money on the AtoZ contrat or other people who like to try and con you into this sales scam. Work agreement is a good term and helps everyone get on the same page and a document like this should not cost you money. |
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Any attorneys here? |
The longest the contract goes will be a year, in that case. A contract also has MANY other terms than the length. The contract will spell out the wage, hours, any other expectations, etc etc. |